DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hymix Australia Pty Limited T/A Hymix Concrete
(AG2018/4614)

HYMIX AUSTRALIA PTY LIMITED (SYDNEY) CONCRETE BATCH PLANT ENTERPRISE AGREEMENT 2017

Cement and concrete products
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JANUARY 2019

Application for approval of the Hymix Australia Pty Limited (Sydney) Concrete Batch Plant Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Hymix Australia Pty Limited (Sydney) Concrete Batch Plant Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hymix Australia Pty Limited T/A Hymix Concrete. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 9 January 2019 and, in accordance with s.54, will operate from 16 January 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hymix Australia Pty Limited, trading as Hymix Concrete, applied to the Fair Work Commission for the approval of a new enterprise agreement. The agreement was to cover employees who were classified as concrete batchers. The respondent, the Concrete Batchers’ Union, initially objected to the application but later withdrew its objection. The application was heard by the Commission, which needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for the payment of employees at a rate at least equal to the relevant award or registered agreement, if it allowed for appropriate levels of flexibility and adaptability, and if it contained appropriate mechanisms for the resolution of disputes. The Commission also needed to ensure that the agreement was not contrary to the public interest.

In determining the application, the Commission noted that the agreement provided for the payment of employees at a rate equal to or above the relevant award or registered agreement. The Commission found that the agreement allowed for the necessary flexibility and adaptability required in the industry, and contained appropriate mechanisms for the resolution of disputes. The Commission also considered the public interest and was satisfied that the agreement did not pose any risks to the community. Based on these findings, the Commission approved the application and the enterprise agreement was registered.

The Fair Work Commission approved the application for the registration of the Hymix Australia Pty Limited (Sydney) Concrete Batch Plant Enterprise Agreement 2017. The agreement is now registered and will apply to employees who are classified as concrete batchers.

Hymix Australia Pty Limited T/A Hymix Concrete

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established